1. Entry into free circulation in the Union of products of the hops sector from third countries referred to in Article 1(2), point (f), of Regulation (EU) No 1308/2013 shall be conditional upon proof being furnished that the requirements specified in Article 190(1) of that Regulation have been met.
2. The proof referred to in paragraph 1 shall be furnished through the presentation of the attestation provided for in Article 190(2) of Regulation (EU) No 1308/2013 (‘attestation of equivalence’).
For the purposes of this Chapter, ‘consignment’ means a quantity of a product having the same characteristics and sent by the same consignor at the same time to the same consignee.
For the purposes of this Chapter, the products of the hop sector include hop cones CN code: 1210 10, hop powders or pellets CN code: 1210 20, saps and extracts of hops CN code: 1302 13 00.
Agencies authorised to issue an attestation of equivalence
1. Attestations of equivalence accompanying imported hops and hop products shall be issued by an agency authorised by the third country of origin or, where non-existent in the country of origin, an already authorised agency outside the product’s country of origin.
2. On the basis of notifications from the competent authorities of third countries pursuant to Article 190 of Regulation (EU) No 1308/2013, the Commission shall draw up and update a list of agencies authorised to issue attestations of equivalence in the hop product’s country of origin, containing the name, postal and email address of those agencies.
3. The Commission shall make public on its website the name and address of the agencies notified by the competent authorities of third countries.
Attestation of equivalence of imported products of the hops sector
1. The attestation of equivalence shall be issued for each consignment and shall consist of an original and a copy to be drawn up on a form corresponding to the model set out in Annex XIV and in accordance with the rules set out in Annex XVI.
2. The attestation of equivalence shall be valid only if it is duly completed and authenticated by one of the agencies referred to in the list drawn up and made public by the Commission in accordance with Article 37(3).
3. A duly authenticated attestation of equivalence is one which shows the place and date of issue, and which has been signed and bears the stamp or electronic signature of the issuing agency.
The attestation of equivalence may be stored and made available in the electronic system ELAN to be set up by the Commission.
Labelling of the packaging of products of the hops sector
1. Each unit of packaging covered by an attestation of equivalence shall bear the following particulars in one of the official languages of the Union:
(a)
the description of the hop or hop product;
(b)
the variety or varieties;
(c)
the country of origin;
(d)
the marks and numbers indicated in Section 9 of the attestation of equivalence or the extract.
2. The particulars provided for in paragraph 1 shall appear in legible, indelible characters of uniform size on the outside of the package.
Customs procedure and keeping attestations of equivalence
For products of the hop sector, when they are presented to customs in accordance with Article 139 of Regulation (EU) No 952/2013 or at the latest before their release for free circulation in the Union, the original of the related attestation of equivalence shall be submitted to the customs authorities who shall countersign and retain it.
The customs authorities shall transmit, where available, an electronic copy of the attestation of equivalence to the competent authority of the Member State in which the product is brought into the customs territory of the Union.
A copy of the countersigned attestation of equivalence issued by the competent authority of the third country shall be returned to the importer, who must keep it for at least 3 years.
Splitting up of consignments of hop products before release for free circulation in the Union
1. Where, before its entry into free circulation in the Union, a consignment covered by an attestation of equivalence is split up and redispatched, an attestation extract shall be drawn up in respect of each new consignment resulting from such splitting.
The attestation of equivalence shall be replaced by the necessary number of attestation extracts.
Each attestation extract shall be drawn up by the party concerned in an original on a form corresponding to the model set out in Annex XV and in accordance with the rules set out in Annex XVI and shall be sent to the customs authorities.
2. The customs authorities shall endorse accordingly the original of the attestation of equivalence and shall countersign the original of the extract.
For this purpose, the customs authority shall enter the quantities indicated in the extracts in the sections provided for this purpose on the attestation of equivalence and shall confirm the entry or confirm, where provided for by national administrative provisions, the quantities indicated by the declarant in the relevant sections.
The customs authorities shall retain the original of the endorsed attestation of equivalence and of the countersigned extract, send a copy of the endorsed attestation and each countersigned extract to the competent certification authority of the Member State and return a copy of each extract to the operator concerned.
Splitting up of consignments of hop products after entry into free circulation in the Union
If the consignment of the products of the hop sector is resold or split up after it has been released for free circulation in the Union, the product must be accompanied by an invoice or other commercial document drawn up by the vendor, giving the reference number of the attestation of equivalence or of the extract, together with the name of the authority which issued them.
The following information from the attestation of equivalence or, as the case may be, the extract shall also be included on the invoice or commercial document:
(a)
for hop cones:
(i)
the description of the product;
(ii)
the gross weight;
(iii)
the place of production;
(iv)
the year of harvest;
(v)
the variety;
(vi)
the country of origin;
(vii)
the markings and identification numbers set out in section 9 of the attestation of equivalence;
(b)
for hop products, in addition to the particulars listed under point (a): the place and date of processing.
Controls on imported products of the hops sector and reporting
1. The Member States shall regularly carry out checks on a random basis to verify whether hop products under CN code 1210 entering the customs territory of the Union in order to be imported pursuant to Article 190 of Regulation (EU) No 1308/2013 comply with the minimum marketing requirements for hop cones set out in Annex I to Commission Regulation (EC) No 1850/2006 ( 28 ) for those purposes.
2. The Member States shall report to the Commission, every year by 30 June, the frequency, type and result of the checks which were carried out over the year preceding that date. The checks shall cover at least 5 % of the number of consignments of hops expected to be imported from a third country into the Member State in question during the year.
3. If the competent authorities of the Member States find that the samples examined do not satisfy the minimum marketing requirements referred to in paragraph 1, the corresponding consignments shall not be marketed in the Union.
